The Sunday morning news. [volume] (Jersey City [N.J.]) 1886-1891, 1887-07-03

by UGH action an amount sufi sient to de-
fray such expenses, or if it shall be deemed
inexpedient to bring such suit, they may
present a bill, certified by such board, or
majority thereof, to the local municipal
authorities, and such bill shall be audited
and paid by the city, borough. town, town
ship or other local municipal government
in and for which such board is organized
IN the same manner as the bills for the or
binary current expenses for such munich
pality are paid.
10. And be it enacted, That no iujunc-
ton shall issue out of any of the courts Of
this State to stay, stop or eDjoin proceed
ings, or to prevent any local board of health
from proceeding with the removal of any
alleged nuisance, sourse of fo1lnes5, or
cause of sickness, hazardous to pubic
health, until such board has been duly
notified to appear and be present at the
hearing of such application, and has an
opportunity to be heard thereon; and no
suit shall be maintain I'D in any of the
courts of this State to recover damages
against any such board, its officers or
agents or proceedings had and maintained
by them to alb tie and remove such nui-
sance and cause of disease, unless it shall
be shown in such snit that the alleged
nuisance and cause of disease did not exist,
and that the same was not hazardous and
prejudicial to the public health, aud I'M
less it be shown that the said boarl acted
without reasonable and probable cause to
believe that such nuisance did exist and
that such foul or noxious odors, gases,
vapors, or other cause WAS in ia prei1di-
ciai aud h rdous to the public health.
16. And be it enacted, Thot in the
making of ordinances any local board of
health may adopt and ordain the same in
the form of code, or each ordinance may
be separate and apart ky itself, and in all
cases said board shall Gauss such code, or
dinance or ordinances to be Published for
at least two weeks, once in each wsek, in
one or more newspapers printed and cir
culatirg in the city, township, borough,
town, or other local mu icipal government
in which such code, ordinance OF ordi-
nances shall take effect; AMI il case no
newspaper shall be printed in such town
ship, or in such city, borough, town or
other local municipal government, shea
the said code or ordinances shall be posted
in five Pablo places therein, and published
for the same period of time in so ne news
paper published in the county ard Q -eu-
lat.ng in such township, or in sgch city.
borough, town or other local nun pal
government.
IT, And be it enacted, Tha. such boar Is
of health may amend or repeal any par5 or
section of such code or ordinances as they
may see fit, such amendments to be passed
and amended as azores ill, and every code,
ordinance, amendment or repeater shall
take effect in thirty days after the date of
the first publication.
IS. And be it enacted, That any such
board of health! may prescribe penalty
for the violation of any of their or lin sncss
or sections of any code they make and or
dain as aforesaid, not TO exceed one hum
dred dollars and not less than ten dollars
and every district court in any city, and
every justice of the peace in gny unity.
and any police justice or recorder in any
city, is hereby empowered, on oath or
affirmation made according to the law
that any person or persons has or may
have violated any section of the code, or
any of the ordinances Of any such board
as aforesaid, to issue process at the suit OF
any such board as aforesaid, either in the
nature of summons or warrant. against
the person or persons so charged, which
process shall, when in the nature of war
rant, be returnable forthwith, and when in
the nature of a summons shall be returna-
BILE in not less than one nor l145re than ten
entire days such process shall state what
section of the code or ordinance of any
such board is alleged to have been violated
by the defendant or defendants and on
the return of such process, or at aoy time
to which the trial 81 all have been adj
iourned, the said court, Justice of tho
peace, police Justice or recorder shall pro-
coed to hear the ties imony an to deter
mine and give alignment in the matter.
without the fling of any plea aings. and
copy of the ordinance or section of ths
code alleged to have been violated, GER
titled to under the han of the clerk or
president of the board, and under the
seal of SUBJ boarl, if it have
seal, shall be taken as full and legal
proof Oh he existence of such ordinance
or code. aua that all qurem ants of law
in relation to the ordalning, publishing and
making of the same, so to make the
same legal and bindiag, have been COM
piled with, unless the contrary be shown;
and the said court, justice of the psses.
police justice or recorder shall, if judgment
be rendered for the plaintiff, forthwith issus
execution agains the goods and chattels
and persons of the defendant or defend
ants. and said court, Justice of the peace,
police justice or recor Ter Is further en-
powered to cause such defendant who M ~
refuse or neglect to pay the amount
of the Judgment rendered ag inst him,
and al costs and charges inciieat rhereto,
unless an appeal is granted, to b. COM
mitted to the county Jail for any period
not exceeding ninety days; and sad court,
justice of the peace, police justice or
recorder is further enpow cred III case any
such defendant shall have been twlee con-
victea, within the space Of six months. OF
the violation of he same ordinance, and
due proof of the same IS made, in ad lition
to ths payment of the appropriate penalty,
70 o,nca sail defendant IN ha i'm DriS9nnd
in the county jail or work louse, vita Or
without hard labor, for any lumber o.
days not exceeding one for each dollar OF
the penalty.
10. Aud be it enacted, That 10 district
court of any city, justie of the peace, po-
lice justice or recorder, sh all have jur iic-
ton of any offensas against any code or or